AllOffroad 4x4 | DEEP CYCLE SYSTEMS [DCS] DEFAMATION CASE [UPDATE 3] @AlloffroadAu | Uploaded August 2024 | Updated October 2024, 7 minutes ago.
GoFundMe: gofund.me/db05fa07
Patreon: patreon.com/alloffroad
Original DCS Battery Reviews
youtu.be/FuiviCPpK-Y
youtu.be/vRcSPuBob-I
Defamation Updates
Video 1: youtu.be/STcKvMuYdf4
Video 2: youtu.be/enqGckUEzMA
Video 3: youtu.be/4VjvYZJ1Ezo
Video 4: youtu.be/XdTSbNJWclY
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Please note: Comments are enabled but need to be approved. Please leave me a supportive comment. It helps the algorithm (please understand I can't reply, though). I can not approve any defamatory comments towards a particular battery manufacturer.
_____
Today, I bring you the latest update on my case where Deep Cycle Systems Pty Ltd (DCS for short) is suing me for defamation.
As I mentioned previously, we had a brief administrative hearing on 30 July. The purpose of the hearing was to obtain the court’s direction on the next steps.
The bottom line is that we will have a one-day hearing on 14 October to determine whether DCS is an “excluded corporation” under the Defamation Act. To explain, a corporation like DCS is generally prevented from suing under the Defamation Act unless it has fewer than 10 employees and is not an associated entity of another corporation. We are concerned that DCS might fail one or both of these tests. If DCS does fail, then they can no longer sue, and the matter comes to an end.
DCS argues that it does meet the requirements enabling it to sue. This difference of opinion is what we are asking the Court to rule on.
Between now and October, each side is required to provide the other with any and all documents that support its position on this question.
My next update will probably not be until after the 14 October hearing, once the District Court hands down its decision.
I want to take a moment to express how incredibly grateful I am for all the support I’ve received, not just here in Australia but also from overseas, especially in the USA. The plight of this little YouTube channel has struck a chord, and I can’t tell you how much it means to me. Your encouragement and backing keep me going through these challenging times.
However, the fight is not over. I would greatly appreciate any donations to my GoFundMe, or if you’d like, you can join me on Patreon to help support this ongoing battle. And if you haven’t already, subscribing to my YouTube channel would also be a tremendous help.
Many of you have asked why comments are disabled on these videos. In Australia, there’s a legal concern for content creators like myself regarding potential liability for defamatory comments posted by viewers. A 2021 High Court ruling made it clear that media outlets—and by extension, individual content creators—can be held liable for defamatory comments made by others on their posts or videos. This means that if someone posts a defamatory comment on my video, I could be sued for it, even if I didn’t make the comment myself. To mitigate this risk, I’ve decided to disable comments on these particular videos.
For this video, I will be moderating all comments. If you’d like to leave me a comment of support, please do so, but refrain from making disparaging or defamatory comments about DCS so I can approve your comment and make it live. YouTube also uses the number of comments as an indicator for relevancy, so your comments can help boost the visibility of this video.
As always, thank you so much for your continued support. Together, we’ll keep fighting.
GoFundMe: gofund.me/db05fa07
Patreon: patreon.com/alloffroad
Original DCS Battery Reviews
youtu.be/FuiviCPpK-Y
youtu.be/vRcSPuBob-I
Defamation Updates
Video 1: youtu.be/STcKvMuYdf4
Video 2: youtu.be/enqGckUEzMA
Video 3: youtu.be/4VjvYZJ1Ezo
Video 4: youtu.be/XdTSbNJWclY
_____
Please note: Comments are enabled but need to be approved. Please leave me a supportive comment. It helps the algorithm (please understand I can't reply, though). I can not approve any defamatory comments towards a particular battery manufacturer.
_____
Today, I bring you the latest update on my case where Deep Cycle Systems Pty Ltd (DCS for short) is suing me for defamation.
As I mentioned previously, we had a brief administrative hearing on 30 July. The purpose of the hearing was to obtain the court’s direction on the next steps.
The bottom line is that we will have a one-day hearing on 14 October to determine whether DCS is an “excluded corporation” under the Defamation Act. To explain, a corporation like DCS is generally prevented from suing under the Defamation Act unless it has fewer than 10 employees and is not an associated entity of another corporation. We are concerned that DCS might fail one or both of these tests. If DCS does fail, then they can no longer sue, and the matter comes to an end.
DCS argues that it does meet the requirements enabling it to sue. This difference of opinion is what we are asking the Court to rule on.
Between now and October, each side is required to provide the other with any and all documents that support its position on this question.
My next update will probably not be until after the 14 October hearing, once the District Court hands down its decision.
I want to take a moment to express how incredibly grateful I am for all the support I’ve received, not just here in Australia but also from overseas, especially in the USA. The plight of this little YouTube channel has struck a chord, and I can’t tell you how much it means to me. Your encouragement and backing keep me going through these challenging times.
However, the fight is not over. I would greatly appreciate any donations to my GoFundMe, or if you’d like, you can join me on Patreon to help support this ongoing battle. And if you haven’t already, subscribing to my YouTube channel would also be a tremendous help.
Many of you have asked why comments are disabled on these videos. In Australia, there’s a legal concern for content creators like myself regarding potential liability for defamatory comments posted by viewers. A 2021 High Court ruling made it clear that media outlets—and by extension, individual content creators—can be held liable for defamatory comments made by others on their posts or videos. This means that if someone posts a defamatory comment on my video, I could be sued for it, even if I didn’t make the comment myself. To mitigate this risk, I’ve decided to disable comments on these particular videos.
For this video, I will be moderating all comments. If you’d like to leave me a comment of support, please do so, but refrain from making disparaging or defamatory comments about DCS so I can approve your comment and make it live. YouTube also uses the number of comments as an indicator for relevancy, so your comments can help boost the visibility of this video.
As always, thank you so much for your continued support. Together, we’ll keep fighting.